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FMA Washington Report: June 9, 2023
Legislation to Make Feds “At-Will” Employees Introduced

Rep. Chip Roy (R-TX) and Sen. Rick Scott (R-FL) introduced the Public Service Reform Act (H.R. 3115 / S. 1496) in May. The bill would make career federal workers at-will employees. The bill would also abolish the Merit Systems Protection Board (MSPB).

FMA National President Craig Carter blasted the bill in a statement, saying, “If this bill was ever enacted, it would put the country’s government in a worse place than the spoils system – a time when our government was highly politicized and federal jobs were given as rewards to self-serving political allies. Thankfully, today, federal employees swear an oath to the Constitution and provide services to all Americans, regardless of who is in power and their own personal political beliefs. We have a formal merit system in place to guard against politicizing the civil service.”

Carter criticized the bill language, including the baffling inclusion of “bad cause” as grounds to terminate a federal employee: “The bill text of H.R. 3115 states it would allow any federal employee to be terminated for “good cause, bad cause, or no cause at all.” It is shocking to think any Member of Congress could support terminating a public servant for ‘no cause,’ and even worse to ponder what termination for ‘bad cause’ would look like. The intent is obvious, and that is to undo the merit system we have developed over the last 140 years, and return to a winner-takes-all approach to government.”

Carter voiced FMA’s strong support for “high standards and accountability for all feds,” as well as the need to empower managers to “address poor performers.” The Public Service Accountability Act does not accomplish that, however. “It does not merit serious discussion in the halls of Congress,” Carter closed.

In a statement upon introduction, Rep. Roy said, “It is far past time to reinstate accountability to the people for the federal bureaucracy by requiring that like any private sector employee, federal workers can be removed from their positions.” Sen. Scott said, “It’s clear that the bureaucracy of the federal government is both a waste of taxpayer dollars and inefficient. Red tape and bloated federal agencies constantly slow down progress and hamper American innovation. It’s time to change Washington so it actually works for the American people.”

H.R. 3115 was referred to the House Oversight and Accountability Committee and has 14 cosponsors. The Senate version, S. 1496, has one cosponsor. Neither bill is expected to advance in the 118th Congress.

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